THE BILL OF RIGHTSTHE BILL OF RIGHTS(Part I: Civil Rights)(Part I: Civil Rights)

OverviewOverviewWhat is and why do we have What is and why do we have a a Bill of RightsBill of Rights??

What rights are Filipinos What rights are Filipinos entitled to under entitled to under Article IIIArticle III of of the constitution?the constitution?

Bill of RightsBill of RightsFundamental characteristic of Fundamental characteristic of a a republican republican systemsystem

It is “a charter of It is “a charter of libertiesliberties for for the individual and a the individual and a limitation limitation upon the power of the State”upon the power of the State”

Classification of RightsClassification of RightsNaturalNatural– Based on one’s Based on one’s dignitydignity as a as a human human

personperson

ConstitutionalConstitutional– Outlined in a constitution’s Outlined in a constitution’s bill or rightsbill or rights– Cannot be repealed Cannot be repealed through legislationthrough legislation

StatutoryStatutory– As provided for by As provided for by lawlaw

Political v. Civil v. Political v. Civil v. LegalLegal

Political RightsPolitical Rights– Those that pertain to an Those that pertain to an

individual’s individual’s participationparticipation in in government government or the or the political processpolitical process

Civil RightsCivil Rights– Basically refer to rights enjoyed to Basically refer to rights enjoyed to

enable enable individualsindividuals to undertake the to undertake the everyday business of lifeeveryday business of life

Political v. Civil v. Political v. Civil v. LegalLegal

““Legal” RightsLegal” Rights– Rights that apply to individuals Rights that apply to individuals

when subjected to the lawwhen subjected to the law and/or legal procedures and and/or legal procedures and processesprocesses

CIVIL RIGHTS CIVIL RIGHTS UNDER ARTICLE III UNDER ARTICLE III

Article III, Section 4Article III, Section 4

1.1. Freedom of Freedom of speechspeech

2.2. Right to a Right to a free pressfree press

3.3. Freedom of Freedom of assemblyassembly

4.4. The right of The right of petitionpetition

Article III, Section 4Article III, Section 4Limitations to Freedom of Speech:Limitations to Freedom of Speech:1.1. Severe calumnySevere calumny2.2. Anything lewd or obsceneAnything lewd or obscene3.3. Anything that provokes Anything that provokes

violence or disorderviolence or disorder4.4. Seditious messagesSeditious messages5.5. ““Clear and present danger”Clear and present danger”

Article III, Section 8Article III, Section 8

Freedom to form Freedom to form associationsassociations–i.e. the right to organizei.e. the right to organize

N.B.: So long as the N.B.: So long as the association is association is not contrary to not contrary to the lawthe law

Article III, Section 9Article III, Section 9

The right to The right to private propertyprivate property

Explicit Explicit limitationlimitation to the power of to the power of eminent domaineminent domain– Public usePublic use– Just compensation: fair market Just compensation: fair market

priceprice– Due process of lawDue process of law

Article III, Section 3Article III, Section 3Right to Right to privacyprivacy– Especially with respect to Especially with respect to

correspondencecorrespondence

Illegally obtained material as Illegally obtained material as inadmissible evidenceinadmissible evidence

Article III, Section 5Article III, Section 5Freedom of Freedom of religionreligionCorollary: the state has Corollary: the state has no no official religionofficial religion– The state shall not endorse any The state shall not endorse any

religion/religious preferencereligion/religious preference– Religion shall not be a Religion shall not be a

prerequisite for political rightsprerequisite for political rights

Affirms the Affirms the separation of separation of Church and StateChurch and State

Article III, Section 6Article III, Section 6

Liberty of Liberty of abodeabode

Right to Right to traveltravel

Article III, Section 7Article III, Section 7Right of Right of access to informationaccess to information–Public recordsPublic records–Refers mainly to citizens but Refers mainly to citizens but extends to aliens in some casesextends to aliens in some cases

–Legal restrictions may apply Legal restrictions may apply (e.g. matters of national (e.g. matters of national security)security)

Article III, Section 10Article III, Section 10

Discusses the “Discusses the “sanctitysanctity” of ” of contractscontracts and and obligationsobligations

Laws affecting contracts Laws affecting contracts cannot be applied cannot be applied retroactivelyretroactively

Aside: all contracts Aside: all contracts illegal illegal in in nature are nature are non-bindingnon-binding

-fin--fin-